Privacy Act of 1974; System of Records, 71337-71340 [2020-24730]
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Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices
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Audio description makes video
programming accessible to individuals
who are blind or visually impaired
through ‘‘[t]he insertion of audio
narrated descriptions of a television
program’s key visual elements into
natural pauses between the program’s
dialogue.’’ The Commission’s audio
description rules require multichannel
video programming distributor (MVPD)
systems that serve 50,000 or more
subscribers to provide 87.5 hours of
audio description per calendar quarter
on channels carrying each of the top five
national nonbroadcast networks. The
top five national nonbroadcast networks
are defined by an average of the national
audience share during prime time
among nonbroadcast networks that
reach 50 percent or more of MVPD
households and have at least 50 hours
per quarter of prime time programming
that is not live or near-live or otherwise
exempt under the audio description
rules. The nonbroadcast networks
currently subject to the audio
description requirements are USA,
HGTV, TBS, Discovery, and History.
In accordance with the Commission’s
rules, the list of top five nonbroadcast
networks is updated at three year
intervals to account for changes in
ratings, and the third triennial update
will occur on July 1, 2021, based on the
2019 to 2020 ratings year. According to
data provided by the Nielsen Company,
the top ten nonbroadcast networks for
the 2019 to 2020 ratings year are: Fox
News, MSNBC, CNN, ESPN, TLC,
HGTV, Hallmark, History, TBS, and
Discovery.
If a program network believes it
should be excluded from the list of top
five networks covered by the audio
description requirements because it
does not air at least 50 hours per quarter
of prime time programming that is not
live or near-live or is otherwise exempt,
it must seek an exemption no later than
30 days after publication of this Public
Notice in the Federal Register. The
Media Bureau will promptly evaluate
requests for exemption and will provide
notice of any resulting revisions to the
list.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2020–24815 Filed 11–6–20; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
[FRS 17207]
Privacy Act of 1974; System of
Records
Federal Communications
Commission.
ACTION: Notice of a modified system of
records.
AGENCY:
The Federal Communications
Commission (FCC, Commission, or
Agency) has modified an existing
system of records, FCC/OMD–3, Federal
Advisory Committee Act (FACA)
Membership Files, subject to the Privacy
Act of 1974, as amended. This action is
necessary to meet the requirements of
the Privacy Act to publish in the
Federal Register notice of the existence
and character of records maintained by
the Agency. The FCC uses this
information to manage its Federal
Advisory Committees (‘‘advisory
committees’’ or ‘‘committees’’), which
provide expertise and advice on a broad
range of issues affecting policies and
programs.
SUMMARY:
This action will become effective
on November 9, 2020. Written
comments on the system’s routine uses
are due by December 9, 2020. The
routine uses in this action will become
effective on December 9, 2020, unless
written comments are received that
require a contrary determination.
ADDRESSES: Send comments to Privacy
Team, Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554, or Privacy@
fcc.gov.
DATES:
Ms.
Margaret Drake, Privacy Team, Federal
Communications Commission, 45 L
Street NE, Washington, DC 20554, 202–
418–1707, or Privacy@fcc.gov (and to
obtain a copy of the Narrative Statement
and the Supplementary Documentation,
which includes details of the
modifications to this system of records).
SUPPLEMENTARY INFORMATION: FCC/
OMD–3 helps the FCC manage Federal
Advisory Committees, which provide
expertise and advice on a broad range of
issues affecting policies and programs.
This notice serves to modify FCC/OMD–
3 as a result of various necessary
changes and updates, which include
format changes required by OMB
Circular A–108 since its previous
publication. The substantive changes
and modification to the previously
published version of FCC/OMD–3
system of records include:
FOR FURTHER INFORMATION CONTACT:
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1. Updating the Security
Classification to be consistent with FCC
policies and Executive Order 13556.
2. Updating/revising the language in
the Categories of Individuals to include
applicants/nominees for membership to
FCC Federal Advisory Committees.
3. Updating/revising the Categories of
Records to include information
collected from applicants/nominees for
membership to FCC Federal Advisory
Committees.
4. Updating/revising the Records
Source Categories to include applicants/
nominees for membership to FCC
Federal Advisory Committees.
5. Updating and/or revising language
in seven Routine Uses: (1) Committee
Communication and Reporting; (2)
Public Access; (3) Adjudication and
Litigation, (4) Law Enforcement and
Investigation, (5) Congressional
Inquiries, (6) Government-wide Program
Management and Oversight, and (7)
Breach Notification.
6. Adding two new Routine Uses: (8)
Assistance to Federal Agencies and
Entities, to allow the FCC to provide
assistance to other Federal agencies in
their data breach situations, as required
by OMB Memorandum M–17–12; and
(9) Contract Services, Grants, or
Cooperative Agreements, to allow
contractors performing or working on a
contract for the Federal Government
access to information in this system.
7. Adding two new sections:
Reporting to a Consumer Reporting
Agency, to address valid and overdue
debts owed by individuals to the FCC
under the Debt Collection Act, as
recommended by OMB; and a History
section referencing the previous
publication of this SORN in the Federal
Register, as required by OMB Circular
A–108.
8. Updating the Policies and Practices
for Retention and Disposal of Records in
this system to state that the records in
this system are covered by the National
Archives and Records Administration’s
(NARA) General Records Schedule
(GRS) DAA–GRS–2015–0001 (GRS 6.2)
Federal Advisory Committee Records.
The system of records is also updated
to reflect various administrative changes
related to the policy and practices for
storage and retrieval of the information;
administrative, technical, and physical
safeguards; and updated notification,
records access, and procedures to
contest records.
SYSTEM NAME AND NUMBER: FCC/OMD–3,
FEDERAL ADVISORY COMMITTEE ACT (FACA)
MEMBERSHIP FILES.
SECURITY CLASSIFICATION:
Unclassified.
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Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices
SYSTEM LOCATION:
1. General Files (stored
electronically): Associate Managing
Director—Performance Evaluation and
Records Management (PERM), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
Washington, DC 20554; (202) 418–7044.
2. Financial Disclosure Files (i.e.,
OGE Form 450 and FCC Form A54A):
Office of General Counsel (OGC),
Federal Communications Commission
(FCC), Washington, DC 20554; (202)
418–1720.
3. Committee-Specific Files:
Information concerning the FCC’s
current FACA Committees may be
found at: https://fcc.gov/about-fcc/
advisory-committees-fcc.1
SYSTEM MANAGER(S) AND ADDRESS:
Associate Managing Director,
Performance Evaluation and Records
Management (PERM), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Advisory Committee Act
(FACA), 5 U.S.C. Appendix 2; 5 U.S.C.
App. (‘‘Ethics in Government Act’’); and
Executive Order (E.O.) 12674 (as
modified by E.O. 12731).
PURPOSE(S) OF THE SYSTEM:
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This system includes the personally
identifiable information (PII) of
applicants/nominees and members of
the FCC’s Federal Advisory Committee
ACT (FACA) committees, including but
not limited to, their contact data. The
information in this system includes, but
is not limited to, information that is
used to:
1. Communicate effectively and
promptly with the FCC’s FACA
committee applicants, members,
individual participants, and
administrative assistants;
2. Complete mandatory reports to
Congress and the General Services
Administration (GSA) about FACA
advisory committee matters; and
3. Ensure compliance with all ethical
and conflict-of-interest requirements
concerning the applicants/nominees
and members of the FCC’s FACA
advisory committees, including the
requirements in OGE Form 450.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals in this
system include, but are not limited to:
1 The list of FACAs covered by the system of
records is subject to change, as reflected on the
Commission’s website.
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1. Applicants/Nominees to FACA
committees sponsored or co-sponsored
by FCC;
2. Members of FACA committees
sponsored or co-sponsored by the FCC;
3. Individual participants in FACA
working groups/subcommittees (who
are not necessarily appointed members
of the advisory committee); and
4. Administrative Assistant(s) or other
similar contact(s) within the
organization that an advisory committee
member represents.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this
system include, but are not limited to:
1. FACA Committee Applicants/
Nominees and Members:
Applicant/Nominee/Member’s full
name, home address(es), organization
represented, home email address(es),
home telephone and personal cellphone
number(s), fax number(s), resume (e.g.,
which includes, but is not limited to the
full name, home address, home, cell,
and other telephone numbers, home fax
number(s), home email address(es),
work experience, educational
attainment, and references), nominee’s
qualifications statement, and/or letters
of recommendation (e.g., which
includes, but is not limited to the
reference’s name, address, telephone
numbers(s), email address(es), and
personal evaluation/recommendation of
their colleague’s job performance, skills,
abilities, and related information),
Federal lobbyist status (yes/no), area(s)
of expertise, and occupation (or title),
and tribal, (non-English speaking)
linguistic, disability, elderly, and
related group affiliation(s), which, are
kept with the applicant/nominee/
member’s respective advisory
committee.
2. Individual participants in FACA
working groups/subcommittees (who
are not necessarily members of the
advisory committee):
Participant’s full name, home
address(es), organization represented,
home email address(es), home
telephone and personal cellphone
number(s), fax number(s), resume (e.g.,
which includes, but is not limited to the
full name, home address, home, cell,
and other telephone numbers, home fax
number(s), home email address(es),
work experience, educational
attainment, and references), nominee’s
qualifications statement, and/or letters
of recommendation (e.g., which
includes, but is not limited to the
reference’s name, address, telephone
numbers(s), email address(es), and
personal evaluation/recommendation of
their colleague’s job performance, skills,
abilities, and related information),
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Federal lobbyist status (yes/no), area(s)
of expertise, and occupation (or title),
and tribal, (non-English speaking)
linguistic, disability, elderly, and
related group affiliation(s), which, are
kept with the participant’s respective
advisory committee.
3. Committee Members’ assistants or
organizational contacts:
Assistant/organizational contact’s full
name, home address(es), organization
represented, home email address(es),
home telephone and personal cellphone
number(s), fax number(s), resume (e.g.,
which includes, but is not limited to the
full name, home address, home, cell,
and other telephone numbers, home fax
number(s), home email address(es), and
related information), Federal lobbyist
status (yes/no), area(s) of expertise, and
occupation (or title), and tribal, (nonEnglish speaking) linguistic, disability,
elderly, and related group affiliation(s),
which are kept with the respective
advisory committee.
4. Originals or copies of the financial
disclosure form, OGE Form 450,2 and
associated vetting documentation,
which the FACA committee applicants/
nominees and members may be required
to file in accordance with the
requirements of the Ethics in
Government Act of 1978 and the Ethics
Reform Act of 1989, as amended, and
E.O. 12674, as modified.
RECORD SOURCE CATEGORIES:
The sources for the information in
this system include, but are not limited
to, the information that is supplied by
individuals applying for membership to
the FCC’s FACA committees, members
of the FCC’s FACA committees,
individual participants in the FCC’s
FACA committee working groups/
subcommittees, and advisory committee
members’ administrative assistants or
organizational contacts.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed to authorized entities, as is
determined to be relevant and
necessary, outside the FCC as a routine
use pursuant to 5 U.S.C. 552a(b)(3) as
follows. In each of these cases, the FCC
will determine whether disclosure of
the records is compatible with the
2 The PII contained in OGC Form 450 is covered
by the Office of Government Ethics’ governmentwide system of records, OGE/GOVT–2, Executive
Branch Confidential Financial Disclosure Report.
See 84 FR 47301.
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purpose(s) for which the records were
collected:
1. Committee Communication and
Reporting—Records in this system may
be disclosed to the Chair (or Vice Chair)
of the advisory committee for purposes
of determining membership on
appropriate subcommittees or
assignment of tasks to achieve the
committee’s goals, and/or used to
distribute information to the FACA
committee members, their assistants,
and other participants for the purposes
of conducting meetings, general
committee business, and/or preparing
reports on the membership and work of
the committee.
2. Public Access—The public can
access information about the FCC’s
Federal Advisory Committee Act
(FACA) committees at: https://
www.fcc.gov/about-fcc/advisorycommittees-fcc, as well as in the
searchable database found on the
General Services Administration’s
(GSA) website at https://
www.facadatabase.gov/FACA/
FACAPublicPage.
3. Adjudication and Litigation—To
disclose information to the Department
of Justice (DOJ), or to other
administrative or adjudicative bodies
before which the FCC is authorized to
appear, when: (a) The FCC or any
component thereof; or (b) any employee
of the FCC in his or her official capacity;
or (c) any employee of the FCC in his
or her individual capacity where the
DOJ or the FCC have agreed to represent
the employee; or (d) the United States
is a party to litigation or has an interest
in such litigation, and the use of such
records by the DOJ or the FCC is
deemed by the FCC to be relevant and
necessary to the litigation.
4. Law Enforcement and
Investigation—To disclose pertinent
information to the appropriate Federal,
State, local, or tribal agency responsible
for investigating, prosecuting, enforcing,
or implementing a statute, rule,
regulation, or order, where the FCC
becomes aware of an indication of a
violation or potential violation of civil
or criminal law or regulation.
5. Congressional Inquiries—To
provide information to a Congressional
office from the record of an individual
in response to an inquiry from that
Congressional office made at the written
request of that individual.
6. Government-wide Program
Management and Oversight—To provide
information to the General Services
Administration (GSA) and/or the
Government Accountability Office
(GAO) for oversight purposes; to the
National Archives and Records
Administration (NARA) for use in its
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records management inspections; to the
Department of Justice (DOJ) to obtain
that department’s advice regarding
disclosure obligations under the
Freedom of Information Act (FOIA); or
to the Office of Management and Budget
(OMB) to obtain that office’s advice
regarding obligations under the Privacy
Act.
7. Breach Notification—To
appropriate agencies, entities, and
persons when: (a) The Commission
suspects or has confirmed that there has
been a breach of data maintained in the
system of records; (b) the Commission
has determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, the
Commission (including its information
systems, programs, and operations), the
Federal Government, or national
security; and (c) the disclosure made to
such agencies, entities, and persons is
reasonably necessary to assist in
connection with the Commission’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
8. Assistance to Federal Agencies and
Entities—To another Federal agency or
Federal entity, when the Commission
determines that information from this
system is reasonably necessary to assist
the recipient agency or entity in: (a)
Responding to a suspected or confirmed
breach or (b) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, program, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
9. Contract Services, Grants, or
Cooperative Agreements—To disclose
information to FCC contractors,
grantees, or volunteers who have been
engaged to assist the FCC in the
performance of a contract service, grant,
cooperative agreement, or other activity
related to this system of records and
who need to have access to the records
in order to perform their activity.
REPORTING TO CONSUMER REPORTING AGENCIES:
In addition to the routine uses listed
above, the Commission may share
information from this system of records
with a consumer reporting agency
regarding an individual who has not
paid a valid and overdue debt owed to
the Commission, following the
procedures set out in the Debt
Collection Act, 31 U.S.C. 3701(e).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The information in this system
includes:
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1. Paper documents, records, and files
(except OGE Form 450 files) that are
maintained in file folders in file
cabinets in the office suites of the
Designated Federal Officers (DFOs) in
the Bureaus and Offices (B/Os); these
records are generally received
electronically, and the DFOs are
directed to scan, verify, and
electronically file hard copies when
received.
2. Electronic data, records, and files
that are stored in the FCC’s computer
network databases; and
3. Original and any copies (paper
format) of OGE Form 450 files,
documents, and records are maintained
in file folders in file cabinets in the OGC
office suite.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
1. The FACA records (except OGE
Form 450 files and associated vetting
documents) are grouped primarily by
the name of the FACA committee or
subcommittee. Under this filing
hierarchy, records are then retrieved by
an individual’s name; and
2. OGE Form 450 files and associated
vetting documents are retrieved by the
individual’s name or other
programmatic identifier assigned to the
individual on whom they are
maintained.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The information in this system is
maintained and disposed of in
accordance with the National Archives
and Records Administration (NARA)
General Records Schedule DAA–GRS–
2015–0001 (GRS 6.2) Federal Advisory
Committee Records:
• Substantive Committee Records
Æ Records documenting the
establishment and formation of
committees and their significant actions
and decisions. Refer to agency
administrative procedures to ascertain if
these records are held by the CMO, or
DFO. Only one copy of each record is
considered permanent. These are
Permanent records and will be
transferred to the National Archives at
the time that related permanent records
are transferred (DAA–GRS–2015–0001–
0001).
• Substantive Audiovisual Records
Æ Records include audiotapes,
videotapes, and/or other recordings of
meetings and hearings not fully
transcribed; captioned formal and
informal analog or digital photographs,
and any related finding aids, of
committee members and staff, meetings,
or hearings; and posters (2 copies)
produced by or for the committee. These
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Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Notices
are Permanent records and will be
transferred to the National Archives at
the time that related permanent records
are transferred (DAA–GRS–2015–0001–
0002).
• Committee Accountability Records
Æ Records that document financial
and ethics accountability, such as
records documenting financial
expenditures associated with the
functioning of the committee and
financial disclosure and conflict of
interest documents. These are
Temporary records that do not contain
unique information of historical value
and are destroyed or deleted when six
years old or when no longer required for
business purposes (DAA–GRS–2015–
0001–0004).
• Non-substantive Committee
Records
Æ Records related to specific
committees that are of an administrative
nature or are duplicative of information
maintained elsewhere. These are
Temporary records to be destroy when
superseded, obsolete, no longer needed,
or upon termination of the committee,
whichever is sooner. (DAA–GRS–2015–
0001–0005).
• Committee Management Records
Æ Records created and/or maintained
by Committee Management Officers
(CMOs) and their staff related to the
overall management of committees for
an agency. These records may pertain to
specific committees or to the committee
management function in general. These
are Temporary records to be destroy
when 3 years old, 3 years after
submission of report, or 3 years after
superseded or obsolete, as appropriate.
Longer retention is authorized if
required for business use. (DAA–GRS–
2015–0001–0006).
The FCC disposes of the paper
documents by shredding. The electronic
records, files, and data are destroyed
either by physical destruction of the
electronic storage media or by erasure of
the data.
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ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
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RECORDS ACCESS PROCEDURES:
Individuals wishing to request access
to and/or amendment of records about
themselves should follow the
Notification Procedure below.
FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
Notice of Board Meeting
November 16, 2020 at 10:00 a.m.
Telephonic. Dial-in (listen
only) information: Number: 1–877–446–
3914, Code: 2094665.
FOR FURTHER INFORMATION CONTACT:
Kimberly Weaver, Director, Office of
External Affairs, (202) 942–1640.
SUPPLEMENTARY INFORMATION: Board
Meeting Agenda
DATES:
ADDRESSES:
Open Session
1. Approval of the October 19, 2020
Board Meeting Minutes
2. Monthly Reports
(a) Investment Performance
(b) Legislative Report
3. Quarterly Reports
(c) Metrics
4. Multi-Asset Manager Update
Adjourn
Dated: November 4, 2020.
Dharmesh Vashee,
Acting General Counsel, Federal Retirement
Thrift Investment Board.
[FR Doc. 2020–24779 Filed 11–6–20; 8:45 am]
BILLING CODE P
CONTESTING RECORD PROCEDURES:
Individuals wishing to request an
amendment of records about themselves
should follow the Notification
Procedure below.
NOTIFICATION PROCEDURE:
Individuals wishing to determine
whether this system of records contains
information about themselves may do so
by writing to Privacy Team, Federal
Communications Commission, 45 L
Street NE, Washington, DC 20554, or
Privacy@fcc.gov.
Individuals requesting access must
also comply with the FCC’s Privacy Act
regulations regarding verification of
identity to gain access to the records (47
CFR part 0, subpart E).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
1. FACA paper records documents,
records, and files (except OGE Form 450
files) are maintained in file cabinets in
the office suites of the DFO’s Bureau or
Office (B/O). These file cabinets are
locked at the end of each business day.
Access to each office suite is through a
card-coded main door. Access to these
files is restricted to the PERM
supervisors and staff and to the DFO’s
authorized supervisors and staff in each
Bureau or Office;
2. Paper copies of OGE Form 450 files,
documents, and records are maintained
in file cabinets in the OGC office suite.
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These file cabinets are locked at the end
of each business day. Access to the OCG
OGC office suite is through a card-coded
main door. Access to these files is
restricted to OGC supervisors and staff;
and
3. Access to non-public FACA
electronic records, files, and data, which
are housed in the FCC’s computer
network databases, is restricted to
authorized PERM supervisors and staff;
to the supervisors and staff in each
DFO’s Bureau/Office; to the OGC
supervisors and staff for OGE Form 450
files and associated vetting
documentation; and to the Information
Technology (IT) staff and contractors,
who maintain the FCC’s computer
network. Other FCC employees and
contractors may be granted access only
on a ‘‘need-to-know’’ basis. The records
in the FCC’s computer network are
protected by the FCC’s security
protocols, which include controlled
access, passwords, and other IT safety
and security features.
None.
HISTORY:
The FCC last gave full notice of this
system of records, FCC/OMD–3, Federal
Advisory Committee Act (FACA)
Membership Files, by publication in the
Federal Register on October 13, 2013
(78 FR 63196).
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.
[FR Doc. 2020–24730 Filed 11–6–20; 8:45 am]
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FEDERAL TRADE COMMISSION
[File No. 201–0014]
Stryker and Wright Medical; Analysis
of Consent Orders To Aid Public
Comment
Federal Trade Commission.
Proposed consent agreement;
request for comment.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair methods
of competition. The attached Analysis to
Aid Public Comment describes both the
allegations in the complaint and the
terms of the consent order—embodied
in the consent agreement—that would
settle these allegations.
DATES: Comments must be received on
or before December 9, 2020.
ADDRESSES: Interested parties may file
comments online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write: ‘‘Stryker and Wright
Medical; File No. 201 0014’’ on your
comment, and file your comment online
at https://www.regulations.gov by
following the instructions on the webbased form. If you prefer to file your
comment on paper, please mail your
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71337-71340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24730]
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FEDERAL COMMUNICATIONS COMMISSION
[FRS 17207]
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC, Commission, or
Agency) has modified an existing system of records, FCC/OMD-3, Federal
Advisory Committee Act (FACA) Membership Files, subject to the Privacy
Act of 1974, as amended. This action is necessary to meet the
requirements of the Privacy Act to publish in the Federal Register
notice of the existence and character of records maintained by the
Agency. The FCC uses this information to manage its Federal Advisory
Committees (``advisory committees'' or ``committees''), which provide
expertise and advice on a broad range of issues affecting policies and
programs.
DATES: This action will become effective on November 9, 2020. Written
comments on the system's routine uses are due by December 9, 2020. The
routine uses in this action will become effective on December 9, 2020,
unless written comments are received that require a contrary
determination.
ADDRESSES: Send comments to Privacy Team, Federal Communications
Commission, 45 L Street NE, Washington, DC 20554, or [email protected].
FOR FURTHER INFORMATION CONTACT: Ms. Margaret Drake, Privacy Team,
Federal Communications Commission, 45 L Street NE, Washington, DC
20554, 202-418-1707, or [email protected] (and to obtain a copy of the
Narrative Statement and the Supplementary Documentation, which includes
details of the modifications to this system of records).
SUPPLEMENTARY INFORMATION: FCC/OMD-3 helps the FCC manage Federal
Advisory Committees, which provide expertise and advice on a broad
range of issues affecting policies and programs. This notice serves to
modify FCC/OMD-3 as a result of various necessary changes and updates,
which include format changes required by OMB Circular A-108 since its
previous publication. The substantive changes and modification to the
previously published version of FCC/OMD-3 system of records include:
1. Updating the Security Classification to be consistent with FCC
policies and Executive Order 13556.
2. Updating/revising the language in the Categories of Individuals
to include applicants/nominees for membership to FCC Federal Advisory
Committees.
3. Updating/revising the Categories of Records to include
information collected from applicants/nominees for membership to FCC
Federal Advisory Committees.
4. Updating/revising the Records Source Categories to include
applicants/nominees for membership to FCC Federal Advisory Committees.
5. Updating and/or revising language in seven Routine Uses: (1)
Committee Communication and Reporting; (2) Public Access; (3)
Adjudication and Litigation, (4) Law Enforcement and Investigation, (5)
Congressional Inquiries, (6) Government-wide Program Management and
Oversight, and (7) Breach Notification.
6. Adding two new Routine Uses: (8) Assistance to Federal Agencies
and Entities, to allow the FCC to provide assistance to other Federal
agencies in their data breach situations, as required by OMB Memorandum
M-17-12; and (9) Contract Services, Grants, or Cooperative Agreements,
to allow contractors performing or working on a contract for the
Federal Government access to information in this system.
7. Adding two new sections: Reporting to a Consumer Reporting
Agency, to address valid and overdue debts owed by individuals to the
FCC under the Debt Collection Act, as recommended by OMB; and a History
section referencing the previous publication of this SORN in the
Federal Register, as required by OMB Circular A-108.
8. Updating the Policies and Practices for Retention and Disposal
of Records in this system to state that the records in this system are
covered by the National Archives and Records Administration's (NARA)
General Records Schedule (GRS) DAA-GRS-2015-0001 (GRS 6.2) Federal
Advisory Committee Records.
The system of records is also updated to reflect various
administrative changes related to the policy and practices for storage
and retrieval of the information; administrative, technical, and
physical safeguards; and updated notification, records access, and
procedures to contest records.
SYSTEM NAME AND NUMBER: FCC/OMD-3, Federal Advisory Committee Act
(FACA) Membership Files.
SECURITY CLASSIFICATION:
Unclassified.
[[Page 71338]]
SYSTEM LOCATION:
1. General Files (stored electronically): Associate Managing
Director--Performance Evaluation and Records Management (PERM), Office
of Managing Director (OMD), Federal Communications Commission (FCC),
Washington, DC 20554; (202) 418-7044.
2. Financial Disclosure Files (i.e., OGE Form 450 and FCC Form
A54A): Office of General Counsel (OGC), Federal Communications
Commission (FCC), Washington, DC 20554; (202) 418-1720.
3. Committee-Specific Files: Information concerning the FCC's
current FACA Committees may be found at: https://fcc.gov/about-fcc/advisory-committees-fcc.\1\
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\1\ The list of FACAs covered by the system of records is
subject to change, as reflected on the Commission's website.
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SYSTEM MANAGER(S) AND ADDRESS:
Associate Managing Director, Performance Evaluation and Records
Management (PERM), Office of Managing Director (OMD), Federal
Communications Commission (FCC), Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Advisory Committee Act (FACA), 5 U.S.C. Appendix 2; 5
U.S.C. App. (``Ethics in Government Act''); and Executive Order (E.O.)
12674 (as modified by E.O. 12731).
PURPOSE(S) OF THE SYSTEM:
This system includes the personally identifiable information (PII)
of applicants/nominees and members of the FCC's Federal Advisory
Committee ACT (FACA) committees, including but not limited to, their
contact data. The information in this system includes, but is not
limited to, information that is used to:
1. Communicate effectively and promptly with the FCC's FACA
committee applicants, members, individual participants, and
administrative assistants;
2. Complete mandatory reports to Congress and the General Services
Administration (GSA) about FACA advisory committee matters; and
3. Ensure compliance with all ethical and conflict-of-interest
requirements concerning the applicants/nominees and members of the
FCC's FACA advisory committees, including the requirements in OGE Form
450.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals in this system include, but are not
limited to:
1. Applicants/Nominees to FACA committees sponsored or co-sponsored
by FCC;
2. Members of FACA committees sponsored or co-sponsored by the FCC;
3. Individual participants in FACA working groups/subcommittees
(who are not necessarily appointed members of the advisory committee);
and
4. Administrative Assistant(s) or other similar contact(s) within
the organization that an advisory committee member represents.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include, but are not
limited to:
1. FACA Committee Applicants/Nominees and Members:
Applicant/Nominee/Member's full name, home address(es),
organization represented, home email address(es), home telephone and
personal cellphone number(s), fax number(s), resume (e.g., which
includes, but is not limited to the full name, home address, home,
cell, and other telephone numbers, home fax number(s), home email
address(es), work experience, educational attainment, and references),
nominee's qualifications statement, and/or letters of recommendation
(e.g., which includes, but is not limited to the reference's name,
address, telephone numbers(s), email address(es), and personal
evaluation/recommendation of their colleague's job performance, skills,
abilities, and related information), Federal lobbyist status (yes/no),
area(s) of expertise, and occupation (or title), and tribal, (non-
English speaking) linguistic, disability, elderly, and related group
affiliation(s), which, are kept with the applicant/nominee/member's
respective advisory committee.
2. Individual participants in FACA working groups/subcommittees
(who are not necessarily members of the advisory committee):
Participant's full name, home address(es), organization
represented, home email address(es), home telephone and personal
cellphone number(s), fax number(s), resume (e.g., which includes, but
is not limited to the full name, home address, home, cell, and other
telephone numbers, home fax number(s), home email address(es), work
experience, educational attainment, and references), nominee's
qualifications statement, and/or letters of recommendation (e.g., which
includes, but is not limited to the reference's name, address,
telephone numbers(s), email address(es), and personal evaluation/
recommendation of their colleague's job performance, skills, abilities,
and related information), Federal lobbyist status (yes/no), area(s) of
expertise, and occupation (or title), and tribal, (non-English
speaking) linguistic, disability, elderly, and related group
affiliation(s), which, are kept with the participant's respective
advisory committee.
3. Committee Members' assistants or organizational contacts:
Assistant/organizational contact's full name, home address(es),
organization represented, home email address(es), home telephone and
personal cellphone number(s), fax number(s), resume (e.g., which
includes, but is not limited to the full name, home address, home,
cell, and other telephone numbers, home fax number(s), home email
address(es), and related information), Federal lobbyist status (yes/
no), area(s) of expertise, and occupation (or title), and tribal, (non-
English speaking) linguistic, disability, elderly, and related group
affiliation(s), which are kept with the respective advisory committee.
4. Originals or copies of the financial disclosure form, OGE Form
450,\2\ and associated vetting documentation, which the FACA committee
applicants/nominees and members may be required to file in accordance
with the requirements of the Ethics in Government Act of 1978 and the
Ethics Reform Act of 1989, as amended, and E.O. 12674, as modified.
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\2\ The PII contained in OGC Form 450 is covered by the Office
of Government Ethics' government-wide system of records, OGE/GOVT-2,
Executive Branch Confidential Financial Disclosure Report. See 84 FR
47301.
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RECORD SOURCE CATEGORIES:
The sources for the information in this system include, but are not
limited to, the information that is supplied by individuals applying
for membership to the FCC's FACA committees, members of the FCC's FACA
committees, individual participants in the FCC's FACA committee working
groups/subcommittees, and advisory committee members' administrative
assistants or organizational contacts.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows. In
each of these cases, the FCC will determine whether disclosure of the
records is compatible with the
[[Page 71339]]
purpose(s) for which the records were collected:
1. Committee Communication and Reporting--Records in this system
may be disclosed to the Chair (or Vice Chair) of the advisory committee
for purposes of determining membership on appropriate subcommittees or
assignment of tasks to achieve the committee's goals, and/or used to
distribute information to the FACA committee members, their assistants,
and other participants for the purposes of conducting meetings, general
committee business, and/or preparing reports on the membership and work
of the committee.
2. Public Access--The public can access information about the FCC's
Federal Advisory Committee Act (FACA) committees at: https://www.fcc.gov/about-fcc/advisory-committees-fcc, as well as in the
searchable database found on the General Services Administration's
(GSA) website at https://www.facadatabase.gov/FACA/FACAPublicPage.
3. Adjudication and Litigation--To disclose information to the
Department of Justice (DOJ), or to other administrative or adjudicative
bodies before which the FCC is authorized to appear, when: (a) The FCC
or any component thereof; or (b) any employee of the FCC in his or her
official capacity; or (c) any employee of the FCC in his or her
individual capacity where the DOJ or the FCC have agreed to represent
the employee; or (d) the United States is a party to litigation or has
an interest in such litigation, and the use of such records by the DOJ
or the FCC is deemed by the FCC to be relevant and necessary to the
litigation.
4. Law Enforcement and Investigation--To disclose pertinent
information to the appropriate Federal, State, local, or tribal agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, where the FCC becomes aware of
an indication of a violation or potential violation of civil or
criminal law or regulation.
5. Congressional Inquiries--To provide information to a
Congressional office from the record of an individual in response to an
inquiry from that Congressional office made at the written request of
that individual.
6. Government-wide Program Management and Oversight--To provide
information to the General Services Administration (GSA) and/or the
Government Accountability Office (GAO) for oversight purposes; to the
National Archives and Records Administration (NARA) for use in its
records management inspections; to the Department of Justice (DOJ) to
obtain that department's advice regarding disclosure obligations under
the Freedom of Information Act (FOIA); or to the Office of Management
and Budget (OMB) to obtain that office's advice regarding obligations
under the Privacy Act.
7. Breach Notification--To appropriate agencies, entities, and
persons when: (a) The Commission suspects or has confirmed that there
has been a breach of data maintained in the system of records; (b) the
Commission has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Commission
(including its information systems, programs, and operations), the
Federal Government, or national security; and (c) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the Commission's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
8. Assistance to Federal Agencies and Entities--To another Federal
agency or Federal entity, when the Commission determines that
information from this system is reasonably necessary to assist the
recipient agency or entity in: (a) Responding to a suspected or
confirmed breach or (b) preventing, minimizing, or remedying the risk
of harm to individuals, the recipient agency or entity (including its
information systems, program, and operations), the Federal Government,
or national security, resulting from a suspected or confirmed breach.
9. Contract Services, Grants, or Cooperative Agreements--To
disclose information to FCC contractors, grantees, or volunteers who
have been engaged to assist the FCC in the performance of a contract
service, grant, cooperative agreement, or other activity related to
this system of records and who need to have access to the records in
order to perform their activity.
REPORTING TO CONSUMER REPORTING AGENCIES:
In addition to the routine uses listed above, the Commission may
share information from this system of records with a consumer reporting
agency regarding an individual who has not paid a valid and overdue
debt owed to the Commission, following the procedures set out in the
Debt Collection Act, 31 U.S.C. 3701(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The information in this system includes:
1. Paper documents, records, and files (except OGE Form 450 files)
that are maintained in file folders in file cabinets in the office
suites of the Designated Federal Officers (DFOs) in the Bureaus and
Offices (B/Os); these records are generally received electronically,
and the DFOs are directed to scan, verify, and electronically file hard
copies when received.
2. Electronic data, records, and files that are stored in the FCC's
computer network databases; and
3. Original and any copies (paper format) of OGE Form 450 files,
documents, and records are maintained in file folders in file cabinets
in the OGC office suite.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
1. The FACA records (except OGE Form 450 files and associated
vetting documents) are grouped primarily by the name of the FACA
committee or subcommittee. Under this filing hierarchy, records are
then retrieved by an individual's name; and
2. OGE Form 450 files and associated vetting documents are
retrieved by the individual's name or other programmatic identifier
assigned to the individual on whom they are maintained.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information in this system is maintained and disposed of in
accordance with the National Archives and Records Administration (NARA)
General Records Schedule DAA-GRS-2015-0001 (GRS 6.2) Federal Advisory
Committee Records:
Substantive Committee Records
[cir] Records documenting the establishment and formation of
committees and their significant actions and decisions. Refer to agency
administrative procedures to ascertain if these records are held by the
CMO, or DFO. Only one copy of each record is considered permanent.
These are Permanent records and will be transferred to the National
Archives at the time that related permanent records are transferred
(DAA-GRS-2015-0001-0001).
Substantive Audiovisual Records
[cir] Records include audiotapes, videotapes, and/or other
recordings of meetings and hearings not fully transcribed; captioned
formal and informal analog or digital photographs, and any related
finding aids, of committee members and staff, meetings, or hearings;
and posters (2 copies) produced by or for the committee. These
[[Page 71340]]
are Permanent records and will be transferred to the National Archives
at the time that related permanent records are transferred (DAA-GRS-
2015-0001-0002).
Committee Accountability Records
[cir] Records that document financial and ethics accountability,
such as records documenting financial expenditures associated with the
functioning of the committee and financial disclosure and conflict of
interest documents. These are Temporary records that do not contain
unique information of historical value and are destroyed or deleted
when six years old or when no longer required for business purposes
(DAA-GRS-2015-0001-0004).
Non-substantive Committee Records
[cir] Records related to specific committees that are of an
administrative nature or are duplicative of information maintained
elsewhere. These are Temporary records to be destroy when superseded,
obsolete, no longer needed, or upon termination of the committee,
whichever is sooner. (DAA-GRS-2015-0001-0005).
Committee Management Records
[cir] Records created and/or maintained by Committee Management
Officers (CMOs) and their staff related to the overall management of
committees for an agency. These records may pertain to specific
committees or to the committee management function in general. These
are Temporary records to be destroy when 3 years old, 3 years after
submission of report, or 3 years after superseded or obsolete, as
appropriate. Longer retention is authorized if required for business
use. (DAA-GRS-2015-0001-0006).
The FCC disposes of the paper documents by shredding. The
electronic records, files, and data are destroyed either by physical
destruction of the electronic storage media or by erasure of the data.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
1. FACA paper records documents, records, and files (except OGE
Form 450 files) are maintained in file cabinets in the office suites of
the DFO's Bureau or Office (B/O). These file cabinets are locked at the
end of each business day. Access to each office suite is through a
card-coded main door. Access to these files is restricted to the PERM
supervisors and staff and to the DFO's authorized supervisors and staff
in each Bureau or Office;
2. Paper copies of OGE Form 450 files, documents, and records are
maintained in file cabinets in the OGC office suite. These file
cabinets are locked at the end of each business day. Access to the OCG
OGC office suite is through a card-coded main door. Access to these
files is restricted to OGC supervisors and staff; and
3. Access to non-public FACA electronic records, files, and data,
which are housed in the FCC's computer network databases, is restricted
to authorized PERM supervisors and staff; to the supervisors and staff
in each DFO's Bureau/Office; to the OGC supervisors and staff for OGE
Form 450 files and associated vetting documentation; and to the
Information Technology (IT) staff and contractors, who maintain the
FCC's computer network. Other FCC employees and contractors may be
granted access only on a ``need-to-know'' basis. The records in the
FCC's computer network are protected by the FCC's security protocols,
which include controlled access, passwords, and other IT safety and
security features.
RECORDS ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedure
below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request an amendment of records about
themselves should follow the Notification Procedure below.
NOTIFICATION PROCEDURE:
Individuals wishing to determine whether this system of records
contains information about themselves may do so by writing to Privacy
Team, Federal Communications Commission, 45 L Street NE, Washington, DC
20554, or [email protected].
Individuals requesting access must also comply with the FCC's
Privacy Act regulations regarding verification of identity to gain
access to the records (47 CFR part 0, subpart E).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The FCC last gave full notice of this system of records, FCC/OMD-3,
Federal Advisory Committee Act (FACA) Membership Files, by publication
in the Federal Register on October 13, 2013 (78 FR 63196).
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.
[FR Doc. 2020-24730 Filed 11-6-20; 8:45 am]
BILLING CODE 6712-01-P
